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Protecting Your Assets In Case Your Marriage Ends

A prenuptial or postnuptial agreement may not be a romantic subject, but it is something that you should consider if you have substantial assets that would be at risk in a divorce. A prenuptial agreement, or “prenup,” is a contract signed by the future spouses before their marriage. A prenuptial agreement commonly includes provisions for the division of property and spousal support in the event of divorce.
A postnuptial agreement, on the other hand, is a contract executed after a couple marries to settle their affairs in the event of a divorce. Like a prenuptial agreement, a postnuptial agreement typically includes provisions for the division of property and alimony in the event of divorce. The attorneys at Sager Gellerman Eisner LLP will help you draft a prenuptial or postnuptial agreement to protect your wealth.

A Prenuptial Agreement Must Be Drafted With Care

You should retain an experienced family law attorney to draft your prenuptial agreement. If the process is mishandled, the agreement could be unenforceable. For instance, if you enter into a prenuptial agreement without fully disclosing material facts about your assets and income to your spouse, the agreement is likely to be invalid. Our attorneys help you design a solid agreement that meets your asset-protection goals.

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What Can And Cannot Be In A Post-Nuptial Agreement

Many people are not aware that New York law allows them to contract with their spouse after the marriage to set the terms of the division of marital property and spousal support in the event of a divorce. A postnuptial agreement, like a prenuptial agreement, must be in writing and signed by both spouses.

A postnuptial agreement is invalid if it would leave a spouse dependent on public assistance after a divorce. Also, issues relating to children, including child support and visitation, cannot be included in a prenuptial or postnuptial agreement. Our attorneys draft prenuptial and postnuptial agreements that fully comply with the letter of the law.